Murder — Confession before police – Videography of statement by police – Held, both the Trial Court and the Appellate Court went completely wrong in placing reliance on the voluntary statements of the accused and their videography statements — Under Article 20(3) of the Constitution of India, an accused cannot be compelled to be a witness against himself
SUPREME COURT OF INDIA Before: Uday Umesh Lalit CJI., S. Ravindra Bhat & Sudhanshu Dhulia, JJ. Criminal Appeal Nos.1597-1600 of 2022 (Arising out of Special Leave Petition (Crl.) Nos.8792-8795 of…
Service Law – If it is found that the employee had suppressed or given false information in regard to the matters having a bearing on his fitness or suitability to the post, he can be terminated from service.
SUPREME COURT OF INDIA DIVISON BENCH SATISH CHANDRA YADAV — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Surya Kant and J.B. Pardiwala, JJ. ) Civil…
Civil Procedure Code, 1908 (CPC) – Order 7 Rule 11 – Rejection of Plaint – Election matter – Plaint rejected – even after three months order of HC not available – Order set aside on this ground – CJ of HC directed to place matter according to law.
SUPREME COURT OF INDIA DIVISON BENCH K. MADAN MOHAN RAO — Appellant Vs. BHEEMRAO BASWANTHRAO PATIL AND OTHERS — Respondent ( Before : Dinesh Maheshwari and Bela M. Trivedi, JJ.…
Consumer Protection Act and the RERA Act neither exclude nor contradict each other — They are concurrent remedies operating independently and without primacy
SUPREME COURT OF INDIA Before: Uday Umesh Lalit, S. Ravindra Bhat & Pamidighantam Sri Narasimha, JJ. Civil Appeal No. 6044 of 2019 Decided on : 07.04.2022 Experion Developers Pvt. Ltd.…
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(1)(a) – Under the provisions of Section 24(1)(a) in case the award is not made as on 1-1.2014, the date of commencement of the 2013 Act, there is no lapse of proceedings. Compensation has to be determined under the provision of the 2013 Act.
SUPREME COURT OF INDIA DIVISON BENCH DELHI DEVELOPMENT AUTHORITY — Appellant Vs. SHIV KUMAR AND OTHERS — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Civil Appeal…
Application under Section 14 SARFAESI Act – District Magistrate (DM)/Chief Metropolitan Magistrate (CMM) is not required to adjudicate the dispute between the borrower and the secured creditor and/or between any other third party and the secured creditor with respect to the secured assets.
SUPREME COURT OF INDIA DIVISON BENCH BALKRISHNA RAMA TARLE DEAD THR LRS AND ANOTHER — Appellant Vs. PHOENIX ARC PRIVATE LIMITED AND OTHERS — Respondent ( Before : M.R. Shah…
Service Law – Leave encashment is part of the salary –
SUPREME COURT OF INDIA DIVISON BENCH JAGDISH PRASAD SAINI AND OTHERS — Appellant Vs. STATE OF RAJASTHAN AND OTHERS — Respondent ( Before : Uday Umesh Lalit, CJI. and S.…
Decree for specific performance – Agreement of sale provided that in the event the permission was not obtained within 75 days – permission not granted agreement cancelled by defendant rightly – on equity Rs 15000 paid in 1978 by plaintiff ordered defendant to pay Rs 15,00,000 to plaintiff-
SUPREME COURT OF INDIA DIVISON BENCH KOLLI SATYANARAYANA (DEAD) BY LRS. — Appellant Vs. VALURIPALLI KESAVA RAO CHOWDARY (DEAD) THR. LRS. AND OTHERS — Respondent ( Before : B.R. Gavai…
Determination of necessary party – Tests are: (1) there must be a right to some relief against such party in respect of the controversies involved in the proceedings; (2) no effective decree can be passed in the absence of such party.
SUPREME COURT OF INDIA DIVISON BENCH MORESHAR YADAORAO MAHAJAN — Appellant Vs. VYANKATESH SITARAM BHEDI (D) THR. LRS. AND OTHERS — Respondent ( Before : B.R. Gavai and C.T. Ravikumar,…
Judgment and decree – Non-disclosure of the relevant and material documents with a view to obtain an undue advantage would amount to fraud – Judgment or decree obtained by fraud is to be treated as a nullity.
SUPREME COURT OF INDIA DIVISON BENCH RAM KUMAR — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : B.R. Gavai and C.T. Ravikumar, JJ. ) Civil…